Bill Text: IN SB0380 | 2011 | Regular Session | Introduced
Bill Title: Township government.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-11 - First reading: referred to Committee on Local Government [SB0380 Detail]
Download: Indiana-2011-SB0380-Introduced.html
Citations Affected: IC 36-6-1.7.
Synopsis: Township government. Provides that each township that
does not contain a high school building of a school corporation, does
not contain all or part of at least one municipality, does not contain at
least one fire station, or have a population of at least 50,000 is merged
on January 1, 2016, into a contiguous township that meets one of those
requirements. Specifies the manner in which the townships involved in
a particular merger are determined. Provides that these merger
requirements do not apply to: (1) a township in Marion County; (2) a
township that before January 1, 2014, has reorganized under the local
government reorganization statutes; or (3) a township that before
January 1, 2014, has merged with one or more other townships under
the voluntary township merger process.
Effective: July 1, 2011.
January 11, 2011, read first time and referred to Committee on Local Government.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Chapter 1.7. Consolidation of Townships
Sec. 1. Except as provided in section 2 of this chapter, this chapter applies to all townships.
Sec. 2. (a) This chapter does not apply to a township located in Marion County.
(b) This chapter does not apply to any of the following:
(1) A township that before January 1, 2014, has reorganized under IC 36-1.5 with one (1) or more other political subdivisions.
(2) A township that before January 1, 2014, has merged with one (1) or more other townships under IC 36-6-1.5.
Sec. 3. As used in this chapter, "recipient township" refers to a township:
(1) that exists on January 1, 2014; and
(2) to which any of the following apply:
(A) The township on January 1, 2016, contains a high school building of a school corporation.
(B) The township on January 1, 2016, contains all or part of at least one (1) municipality.
(C) The township on January 1, 2016, contains at least one (1) fire station of a volunteer fire department, township fire department, fire protection district, or fire protection territory.
(D) The township has a population of at least fifty thousand (50,000).
Sec. 4. (a) The township government of each township that:
(1) is subject to this chapter; and
(2) is not a recipient township;
is on January 1, 2016, merged into the township government of a recipient township in the county as provided in this chapter.
(b) Each township government described in subsection (a) is on January 1, 2016, merged into the government of a recipient township in the county as follows:
(1) A township government described in subsection (a) is merged into the township government of a contiguous township that on January 1, 2016, contains a high school building of a school corporation. If there is more than one (1) contiguous township that on January 1, 2016, contains a high school building of a school corporation, the township government described in subsection (a) is merged into the township government of the township that has the greatest population of the contiguous townships in the county that contain a high school building of a school corporation.
(2) If subdivision (1) does not apply to a township government described in subsection (a), the township government described in subsection (a) is merged into the township government of a contiguous township that on January 1, 2016, contains all or part of at least one (1) municipality. If there is more than one (1) contiguous township that on January 1, 2016, contains all or part of at least one (1) municipality, the township government described in subsection (a) is merged into the township government of the township that has the greatest population of the contiguous townships in the county that contain all or part of at least one (1) municipality.
(3) If subdivisions (1) and (2) do not apply to a township government described in subsection (a), the township
government described in subsection (a) is merged into the
township government of a contiguous township that on
January 1, 2016, contains at least one (1) fire station of a
volunteer fire department, township fire department, fire
protection district, or fire protection territory. If there is
more than one (1) contiguous township that on January 1,
2016, contains at least one (1) fire station of a volunteer fire
department, township fire department, fire protection district,
or fire protection territory, the township government
described in subsection (a) is merged into the township
government of the township that has the greatest population
of the contiguous townships in the county that contain at least
one (1) fire station of a volunteer fire department, township
fire department, fire protection district, or fire protection
territory.
(4) If subdivisions (1), (2), and (3) do not apply to a township
government described in subsection (a), the township
government described in subsection (a) is merged into the
township government of a contiguous township that on
January 1, 2016, has a population of at least fifty thousand
(50,000). If there is more than one (1) contiguous township
that on January 1, 2016, has a population of at least fifty
thousand (50,000), the township government described in
subsection (a) is merged into the township government of the
township that has the greatest population of the contiguous
townships having a population of at least fifty thousand
(50,000).
(c) More than one (1) township government may be merged
under this chapter into the township government of a recipient
township.
(d) If a township government described in subsection (a) is not
contiguous to a recipient township, the township government
described in subsection (a) is on January 1, 2016, merged into the
same township government as is the contiguous township with the
greatest population.
Sec. 5. The township government of a township described in
section 2 of this chapter may not:
(1) be a recipient township government under this chapter; or
(2) merge under this chapter into a recipient township
government.
Sec. 6. (a) On January 1, 2016:
(1) each township government that is merged under this
chapter into the township government of a recipient township
is abolished;
(2) the functions, powers, and duties of the agencies,
departments, and boards of the township governments that
are abolished are assigned to the agencies, departments, and
boards of the township government of the recipient township;
(3) subject to subsection (d), the:
(A) property;
(B) records;
(C) personnel;
(D) rights; and
(E) liabilities;
of the township governments that are abolished are
transferred to the township government of the recipient
township;
(4) all money in the funds of each township government that
is abolished shall be transferred to the township government
of the recipient township, and the township government of the
recipient township shall deposit the money into its funds that
most closely correspond to the funds from which the money is
transferred; and
(5) the term of office expires for each elected township officer
of a township government that is abolished.
(b) Beginning January 1, 2016:
(1) there shall be one (1) township government for the
townships involved in a merger under this chapter;
(2) the territory of the township government that results from
a merger under this chapter includes all the territory that
before the merger comprised the territories of:
(A) the recipient township; and
(B) the townships for which a township government is
merged into the township government of the recipient
township;
(3) the township government of the recipient township shall
exercise township powers and duties throughout the territory
of the new township government as described in subdivision
(2); and
(4) the township government of the recipient township is
entitled to receive all distributions of taxes and other revenue
that would have been made to the abolished township
governments if the merger had not occurred.
(c) Each township that is included in a merger of township
governments under this chapter retains its geographical
boundaries and its name, but the townships are governed by one
(1) township government as described in subsection (b).
(d) The taxpayers of a township that is included in a merger
under this chapter of township governments remain liable for the
outstanding township indebtedness, as of December 31, 2015, of the
township. Property taxes to pay the outstanding township
indebtedness, as of December 31, 2015, of the township:
(1) may be imposed only within the township in which the
indebtedness was incurred; and
(2) may not be imposed in any other township included in the
merger.
Sec. 7. (a) At the general election in November 2016, township
officers shall be elected by the voters of the territory that before
the merger comprised the territories of:
(1) the recipient township; and
(2) the townships for which a township government is merged
into the township government of the recipient township.
(b) The term of office of each township officer elected as
described in this section begins January 1, 2017.
(c) The term of any elected officer of a recipient township
government who is serving on December 31, 2016, expires January
1, 2017.
Sec. 8. Pending actions that involve a township government that
is abolished shall be prosecuted to final judgment and execution,
and judgments rendered in those actions may be executed and
enforced against the township government of the recipient
township without any change of the name of the plaintiff or
defendant.
